# April 3, 2012, SC DHEC SIP Amendment

Attachment A ‐ November 3, 2009, Certification for PM Infrastructure SIPs

### This page intentionally left blankBOARD: Paul C. Aughtry, 111 Chairman

Edwin H. Cooper, 111 Vice Chairman BOARD: Henry C. Scott

Steven G. Kisner Secretary C. Earl Hunter, Commissioner M. David Mitchell, MD

Glenn A. McCall

Coleman F. Buckhouse, MD Promoting andprotrcting the health of the public and the environment November 3,2009

Richard A. Schutt, Chief, Air Planning Branch 

### EPA Region 

### 4 Atlanta Federal Center 61 Forsyth Street Southwest Atlanta, Georgia 30303-8909

Re: Clarification to the South Carolina Fine Particulate Matter Air Quality Implementation Plan: CAA 110(a)(2)(G) requirements for the 1997 PM2.5 and 2006 PM2.5 NAAQS

Dear Mr. Schutt:

The Department of Health and Environmental Control (Department) would like to clarify that it has met the basic or infrastructure requirements enumerated in the Clean Air Act (CAA) section 1 10(a)(2)(G).

On March 14,2008, and September 18,2009, the Department submitted revisions to its State Implementation Plan (SIP) to the United States Environmental Protection Agency (EPA) Region 4. These revisions to the SIP specifically addressed the Department's obligations under sections 1 10(a)(l) and (2) of the CAA, to address basic SIP requirements, including emission inventories, monitoring, and modeling to assure attainment and maintenance of the 1997 and 2006 National Ambient Air Quality Standards (NAAQS) for fine particles or PM2.5 (particles with an aerodynamic diameter less than or equal
to a nominal 2.5 mircometers).

On September 25,2009, the EPA released its 

### Guidance on SIP Elements Required Under Sections 

### 11 0(a) 

### (I) and (2) for the 2006 24-Hour Fine Particle (PM2.3 National Ambient Air Quality Standards WQS). This guidance clarified that "to address the section 110(a)(2)(G) element, states with air quality control regions identified as either Priority I, IA or Priority I1 by the 'Prevention of Air Pollution Emergency Episodes' rule at 40 CFR 51.150, must develop emergency episode contingency plans."

Therefore, the requirement for a state to submit an emergency episode plan is based on a priority region's classification.

In its aforementioned guidance, the EPA states that "until the Agency finalized changes to the emergency episode regulation to establish for PM25 specific levels for classifying areas as Priority I, IA, or 

### I1 for PM2.5, and to establish a significant harm level (SHL) 

### ..." it recommends that state's with a 24-Hour PM2.5 concentration above 14oPg/m3 (using the most recent three years of data) develop an emergency episode plan.

Per discussions with Region 4 staff at its monthly meeting (on October 2 1,2009), states that do not meet the aforementioned proposed threshold would be classified as Priority I11 areas, and therefore, would not be required to develop an emergency episode plan for PM2.5.

The Department is certifying to the EPA that it is indeed classified as a Priority I11 area and that it has

never exceeded, in any area of the state, the suggested threshold of 140C(g/m3 for either the 24-hour 1997 PM2 NAAQS or the 2006 PM2, NAAQS. Based on these criteria, South Carolina is not required to adopt an emergency episode plan for PM2 5. The Department makes this determination based on the

SOUTH CAROLINA DEPARTMENT OF HEALTH A N D E N V I R O N M E N T A L CONTROL 2600 Bull Street Columbia, SC 29201 Phone: (803) 898-3432 www.scdhec.govMr. Schutt November 3,2009 Page 2

aforementioned guidance and documented conversations with EPA, noting that EPA ha$ yet to complete a rulemaking to establish a significant harm level for PM2 5.

In both its previous SIP revision submittals, the Department further clarified that pursuant to South Carolina Statute (S.C. Code Ann. 

## 5 48-1-290 and 

## 5 1-23-130), the Department has the slatutory authority
to order immediate action to establish emergency regulations to "protect the public health or property."

Given this clarification to both its previous submittals, the Department is confident that it has met the elements necessary under the CAA section 1 10(a)(2)(G). Should you have any further buestions, please feel free to contact Maeve S. R. Mason of my staff at (803) 898-2230 or masonmr@,dhe~.sc.aov.

Robert 

### J( ~rowd~r., Director Division of Air Planning, Development & Outreach Bureau of Air Quality South Carolina Department of Health and Environmental Control

ec: Lynorae Benjamin, Chief, Regulatory Development Section, EPA Region 4 Zuri Farngalo, Environmental Scientist, EPA Region 4 Joel Huey, PM Coordinator, EPA Region 4 Steven M. Scofield, Air Planning Branch, EPA Region 4 Myra C. Reece, Chief, Bureau of Air Quality, SCDHEC Renee Shealy, Assistant Bureau Chief, Bureau of Air Quality, SCDHEC